“We concluded that the Tribes effectively managed agricultural leasing on the reservation. Specifically, they: (1) identified lands that were suitable for agriculture; (2) ensured that lands available for leasing were known to prospective lessees; (3) initiated actions in a timely manner to ensure that expiring leases were reissued without a loss of revenue to the …
“Under the first 15 years of the Self-Determination Act, tribal contractors generally assumed liability for accidents or torts (civil wrongdoings) caused by their employees. However, in 1990, the federal government permanently assumed this liability when Congress extended Federal Tort Claims Act (FTCA) coverage to tribal contractors under the Self-Determination Act. Originally enacted in 1946, FTCA …
“Although the sovereignty of Indian tribes may not be guaranteed or defined in the Constitution, this does not mean that tribes have no constitutional status. The extent of their sovereignty should, therefore, be somewhat tied to a constitutional mode of analysis. The biggest threat to the future of Indian Nations is the Court’s refusal to …
2014- CONSTITUTIONALISM, FEDERAL COMMON LAW, AND THE INHERENT POWERS OF INDIAN TRIBES Read More »
“This article will explore the Supreme Court’s creation and subsequent use of implicit divestiture as a theory delimiting tribal political authority. The article will explore this theory within the larger context of the Court’s struggle to articulate principles applicable to the radically changed geopolitical and cultural landscape of today’s Indian reservations. The article will also …
“As part of Bureau of Indian Affairs (BIA) funding, Tribal Priority Allocations (TPA) are the principal source of funds for tribal governments and agency offices at the reservation level. According to their unique needs and circumstances, tribes may prioritize funding among eight general categories: government, human services, education, public safety, community development, resources management, trust …
